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DECISION No.744-TTg OF OCTOBER 8, 1996 OF THE PRIME MINISTER ON THE ESTABLISHMENT OF PROVINCIAL-LEVEL LABOR ARBITRATION COUNCILS

THE PRIME MINISTER

Pursuant to the Law on Organization of the Government of September 30, 1992;

To reconcile and settle collective labor disputes in accordance with the provisions of the Labor Code;

At the proposal of the Minister of Labor, War Invalids and Social Affairs and the Minister-Chairman of the Government Commission on Organization and Personnel,

DECIDES:

Article 1.- To establish Labor Arbitration Councils in the provinces and cities directly under the Central Government (referred to as the provincial-level Labor Arbitration Councils) to reconcile and settle the collective labor disputes.

The provincial-level Labor Arbitration Council shall perform the task of reconciling and settling labor disputes between a labor collective and the employer arising on the provincial territory after the Labor Reconciliation Council of the establishment or the Labor Reconciliator of the district, town or provincial city (district reconciliator for short) has failed to reconcile or settle them.

The provincial-level Labor Arbitration Council shall organize the reconciliation and settlement of collective labor disputes in accordance with the principles provided for in the Labor Code on the reconciliation and settlement of collective labor disputes.

Article 2.- A provincial-level Labor Arbitration Council is composed of an odd number of members, which shall not exceed 9 or be lower than 5, including:

- The Chairman of the Council who is the Director or a Deputy Director of the provincial/municipal Labor, War Invalids and Social Affairs Service.

- A member representing the provincial Trade Union Confederation.

- A member representing the employer.

- A Secretary of the Council appointed by the Labor, War Invalids and Social Affairs Service.

- One or a number of members who are lawyers, managers or social activists with good knowledge of social labor, enjoying prestige and reputed for their public-mindedness.

- The Council�s Secretary shall work on a full-time basis as standing member of the Council, the other members shall work on a part-time basis.

The Chairman and members of the provincial-level Labor Arbitration Council shall be appointed by the Director of the provincial/municipal Labor, War Invalids and Social Affairs Service after consulting the concerned branches and proposing to the President of the People�s Committee of the province or city directly under the Central Government for decision.

Article 3.- The Minister of Labor, War Invalids and Social Affairs, after consulting the Minister-Chairman of the Government Commission on Organization and Personnel, shall provide detailed guidance on the tasks, powers and mode of operation of the provincial-level Labor Arbitration Council.

Article 4.- The provincial-level Labor Arbitration Council shall be based at the Office of the provincial/municipal Labor, War Invalids and Social Affairs Service and have its own seal; its operating fund shall be allocated by the State budget and included in the draft operating expenditures of the provincial/municipal Labor, War Invalids and Social Affairs Service. The provincial/municipal Labor, War Invalids and Social Affairs Service shall ensure the working place, facilities and other necessary conditions for the operations of the Arbitration Council.

Article 5.- Basing themselves on this Decision and guidance of the Ministry of Labor, War Invalids and Social Affairs, the Presidents of the provinces and cities directly under the Central Government shall make concrete provisions on the establishment of the Labor Arbitration Councils of their own provinces and cities.

Article 6.- This Decision takes effect from the date of its signing.

The Ministers, the Heads of the ministerial-level agencies and agencies attached to the Government, the Presidents of the People�s Committees of the provinces and cities directly under the Central Government shall have to implement this Decision.

For the Prime Minister

Deputy Prime Minister

PHAN VAN KHAI